[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 7-9-1996 by Ord. No. 1762. Amendments
noted where applicable.]
The following terms shall, for the purpose of
this chapter, have the meanings herein indicated:
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing an
eating establishment.
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served.
It shall be unlawful for any person, firm, partnership,
corporation, association or organization of any kind, hereinafter
collectively referred to as "person," to create, establish, operate,
maintain or otherwise be engaged in the business of conducting a sidewalk
cafe upon the sidewalks of the Borough of Hasbrouck Heights unless
such person shall hold a currently valid license issued pursuant to
the terms of this chapter.
The application for the license required herein
shall be made to the Borough Clerk, under the signature of the applicant.
The application shall contain the following:
A.
The name, residence address and telephone number of
each individual, owner or partner; if a domestic corporation, the
names, residence addresses and telephone numbers of the directors
and officers owning a ten-percent or greater interest in the corporation
and the chief operating executive of the corporation; and if a nondomestic
corporation, the name, residence address and telephone number of the
managing officer for service of process within the State of New Jersey
and a copy of the qualification of said nondomestic corporation to
conduct business in the State of New Jersey.
B.
A copy of the trade, corporate, business or fictitious
name upon which the applicant intends to do business pursuant to this
chapter.
C.
The address and description of each place where the
applicant intends to establish or operate an outdoor cafe.
D.
The name and address of the person owning the premises,
if other than the applicant, and the consent of the owner of the premises
to the application.
The Borough Clerk shall review the application
for completeness and for compliance with the terms of this chapter.
If the application is incomplete, the Clerk shall return it to the
applicant, who shall complete the same and return it within 10 days;
should the applicant fail to complete it within that time, the application
shall be deemed denied for the year in which approval was sought.
The Clerk shall issue a license valid for the period of one year from
the date of issuance in response to an application found to be complete
and truthful after the Clerk receives from the applicant proof of
the following:
A.
That the Construction Official of the Borough of Hasbrouck Heights has approved the plan for the proposed sidewalk cafe as required in § 275-21K(9).
[Amended 8-10-2004 by Ord. No. 2052]
B.
That the applicant provides a comprehensive general
liability policy issued to such person by a public liability insurance
company authorized to do business in the State of New Jersey affording
the coverage set forth below in the amount specified.
(1)
Such insurance policy shall name the Borough of Hasbrouck
Heights, its agent, officers, servants, representatives and employees
as additional insureds with respect to the operation and maintenance
of the outdoor cafe in the following amounts:
(2)
The insurance coverage required by this section shall
at all times be maintained in the full amount. The policy of insurance
required by this section to be filed with the Clerk shall contain
a clause obligating the company issuing the same to give not less
than 30 days' written notice to the Borough Clerk before cancellation
or amendments of any of the terms thereof. Notice of cancellation
shall not relieve the company issuing such policy of liability for
any injury or claim arising before the cancellation becomes effective.
The cancellation of any such policy shall have the immediate effect
of suspending the license of such person to operate the outdoor cafe
covered thereby until a new policy complying with the provisions of
this section is filed with the Clerk and a letter, in writing, confirming
the new effective date of the license is issued by the Clerk.
(3)
The policy shall contain a provision for continuing
liability thereunder to the full amount thereof notwithstanding any
recovery thereon, that the liability of the insured shall not be affected
by the insolvency or the bankruptcy of the insured, and that until
the policy is cancelled the insurance company will not be relieved
from liability on account of nonpayment of premium or of any act or
omission by the named insured. Such policy of insurance shall be further
conditioned for the payment of any and all judgments up to the limits
of such policy.
C.
That the person has filed with the Clerk an agreement
to indemnify and hold harmless the Borough of Hasbrouck Heights, its
agents, servants, representatives or employees for any or all claims,
damages, judgments, costs or expenses, including attorneys' fees,
which they or any of them may incur or be required to pay because
of any personal injury, including death, or property damage suffered
by any person or persons as a result of or related in any way to the
operation and maintenance of the outdoor cafe for which the license
is issued.
D.
That the proposed operation has been approved by the
Board of Health of the Borough of Hasbrouck Heights.
E.
That the business and premises to which the proposed
operation is to be an extension is in compliance with any and all
provisions of this Code applicable to it.
The Borough Clerk is hereby empowered to revoke
any license issued hereunder upon written notice personally delivered
to the applicant or the subject premises, which notice shall set forth
the grounds for such suspension if the Clerk determines that the operation
and/or premises fail to comply with any of the requirements contained
or referred to herein. If the applicant chooses top contest such suspension,
the Mayor and Council shall hear such contest at its next regularly
scheduled public meeting upon written notice thereof setting forth
the grounds for the contest and delivered to the Borough Clerk no
later than 10 days prior to that public meeting; the Mayor and Council
shall thereupon hear and determine whether such suspension was appropriate,
determine whether such suspension shall be continued and determine
whether sufficient grounds exist to permanently revoke the license.
The operation of a sidewalk cafe after the suspension or revocation
of its license is unlawful, and every day that it is so operated shall
constitute a separate offense.
[Amended 2-10-2009 by Ord. No. 2201]
Any person violating any provision of this chapter shall, upon conviction, be subject to such penalties as are provided in Chapter 204 of this Code, at the discretion of the court imposing sentence pursuant to N.J.S.A. 40:49-5. Each day a violation occurs or is committed shall constitute a separate offense.
